Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 3 contracts
Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 7:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 2 contracts
Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Basic Services. Landlord agrees shall furnish the following utilities and services ("Basic Services") for the Premises: (i) during the hours of 7 A.M. to furnish to 7 P.M. ("Business Hours") Monday through Friday (except public holidays) ("Business Days"), electricity for Building standard lighting and power suitable for the use of the Premises for ordinary general office purposes, (ii) during Business Hours on Business Days, heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes, (iii) unheated water for the restroom(s) and drinking fountain(s) in the public areas serving the Premises, at a cost (iv) elevator service to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy floor(s) of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary by nonattended automatic elevators for general office use pedestrian usage, and in compliance with applicable codes. To the extent reasonably (v) on Business Days, janitorial services limited to emptying and removal of general office refuse, light vacuuming as needed and window washing as determined by Landlord. Notwithstanding the foregoing, however, Tenant may use water, heat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services ("Excess Services," which shall include without limitation any power usage other than through existing standard 110-volt AC outlets; electricity and/or water consumed by Tenant in connection with any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant; chilled, heated or condenser water; or water used for any purpose other than ordinary drinking and lavatory purposes), provided that the Excess Services desired by Tenant are reasonably available to Landlord and to the Premises (it being understood that in no event shall Landlord be practicableobligated to make available to the Premises more than the pro rata share of the capacity of any Excess Service available to the Building or the applicable floor of the Building, as the case may be), and provided further that Tenant complies with the procedures established by Landlord from time to time for requesting and paying for such Excess Services and with all such electricity other provisions of this Paragraph 17. Landlord reserves the right to install in the Premises or the Real Property electric current and/or water meters (including, without limitation, electricity in order any additional wiring, conduit or panel required therefor) to power measure the heating, ventilation and air conditioning system serving the Premises), shall be separately metered electric current or submetered at Tenant's expense and water consumed by Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities usage to be measured by other reasonable methods (e.g. by temporary "check" meters or by survey). Notwithstanding the above, (subject to any temporary shutdown for the Project repairs, for security purposes, for compliance with any legal restrictions, or due to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may includestrikes, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strikelockouts, labor disputes, breakdowns, accidents, necessary repairs fire or other cause. Except as specifically provided in this Article 11casualty, acts of God, or other causes beyond the reasonable control of Landlord) Tenant agrees shall have access to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants the Premises 24 hours a day, each day of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesLease term.
Appears in 2 contracts
Samples: Office Lease (Ask Jeeves Inc), Office Lease (Ask Jeeves Inc)
Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. The costs of any janitorial or other services provided by Landlord to Tenant which are in addition to the services ordinarily provided by Landlord shall be reimbursed by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. During Normal Business Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays Premises the heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Business Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically, payable upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing separate metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricityin advance, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating Rent (or other applicable certification standard) applicable except to the Project. Such efforts may includeextent the costs are billed directly to Tenant through separate metering), without limitation, Landlord’s estimate of the cost of furnishing electricity for such equipment or lights and Landlord’s estimate of the cost of operating and maintaining supplementary air conditioning related to Tenant’s use of energy efficient bulbs in task lightingsuch equipment or lights. Landlord may install and operate, energy efficient lighting controls and measures at Tenant’s cost, a monitoring/metering system to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysmeasure the added demands on electricity or HVAC systems. Tenant shall comply with all rules Landlord’s instruction for the use of drapes, blinds and regulations which thermostats. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours (Section 1), Landlord may establish for restrict access to the proper functioning and protection of Building in accordance with the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsBuilding’s security system (with access via key or card key). Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished for injury to all tenants of the Projectits agents, at the rate generally charged employees, customers or invitees, or for losses due to theft or burglary, or for damages done by Landlord to tenants of the Project for such utilities or servicesunauthorized persons.
Appears in 2 contracts
Samples: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, Inc.)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 7:00 a.m. to 7:00 p.m. Mondays through Fridays, and 8:00 a.m. to 6:00 2:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy and use of the PremisesPremises by Tenant consistent with Tenant’s Permitted Use. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide assure that electric current for normal lighting and normal office machinescurrent, elevator service and water on the same floor as are available to the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office the comfortable occupancy and use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to of the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and by Tenant shall pay the amount reasonably determined by Landlord to be consistent with Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces’s Permitted Use. Janitorial and maintenance services shall be furnished as part of the Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding intra-building cabling and wiring and plumbing systemssystems all consistent with the comfortable occupancy and use of the Premises by Tenant consistent with Tenant’s Permitted Use. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically , provided however that Landlord will not engage in this Article 11a repair of any HVAC, plumbing or electrical system without providing Tenant agrees with reasonable prior written notice, and will endeavor to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are schedule such reasonable repairs during hours that do not uniformly furnished to all tenants disrupt Tenant’s Permitted Use of the ProjectPremises. Notwithstanding the foregoing, if there is any interruption of any such services caused by Landlord’s gross negligence or intentional misconduct, and such interruption continues for ten (10) days following Tenant’s delivery of written notice to Landlord, and Tenant ceases operating at the rate generally charged by Landlord Premises due to tenants such interruption, then Tenant shall be entitled to a day for day abatement of Basic Rental and Additional Rent commencing on the Project for eleventh (11th) day following the date of such utilities or servicesnotice and continuing until such services(s) have been fully restored.
Appears in 2 contracts
Samples: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current the following basic services during the Term, subject to any limitations imposed by applicable law and governmental authorities:
(a) Hot and cold water at those points of supply provided for normal lighting general use of other tenants in the Building; heat and normal office machinesair conditioning in season, elevator service during the Building hours of operation specified in the rules and water on regulations for the same floor as the Premises for lavatory Building adopted pursuant to Section 5.17 and drinking purposes at such temperatures and in such reasonable quantities amounts as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined are considered by Landlord to be practicablestandard for the comfortable use and occupancy of the Leased Premises or, in all such electricity events, as may be required by applicable laws, ordinances, rules and regulations.
(includingb) Structural and exterior maintenance (including exterior glass and glazing) and routine maintenance, without limitation, electricity repairs and electric lighting service for all public areas and service areas of the Project in order to power the heating, ventilation manner and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined extent deemed by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating standard.
(or other applicable certification standardc) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished service on a five (5) days day per weekweek basis, excepting local excluding holidays.
(d) Electric lighting service throughout the Leased Premises and national holidays. Tenant shall comply electrical facilities to provide sufficient power for copy machines, facsimile machines, standard size personal computers and other standard office machines of similar low electrical consumption, but not including electricity required for special lighting in excess of Building standards, and any other item of electrical equipment which consumes electricity in amounts in excess of standard office equipment (“Extra Electrical Service”).
(e) Building Standard lamps, bulbs, starters and ballasts used in the Leased Premises.
(f) Public elevator service serving the floors on which the Leased Premises are situated, including freight elevator service when prearranged with all Landlord, subject to such rules and regulations which as Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsshall promulgate from time to time. Landlord shall not be liable forfor damages to either person or property, and nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be no rent abatement relieved from performance of any covenant on its part to be performed under this Lease by reason of any (i) deficiency in the provision of basic services; (ii) breakdown of equipment or machinery utilized in supplying services; or (iii) curtailment or cessation of services due to causes or circumstances beyond the reasonable control of Landlord or by the making of necessary repairs or improvements, unless such deficiency, breakdown, curtailment or cessation is due to the active gross negligence or willful misconduct of Landlord. Landlord shall use reasonable diligence to make such repairs as a result ofmay be required to machinery or equipment within the Project to provide restoration of services and, any stoppage, reduction where the cessation or interruption of service has occurred due to circumstances or conditions beyond Project boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. In no event shall any such services caused by governmental rules, regulations mortgagee or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs the beneficiary under any deed of trust referred to in Section 5.12 be or other cause. Except as specifically provided in become liable for any default of Landlord under this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesSection 4.1.
Appears in 2 contracts
Samples: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on SaturdaysFridays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy and use of the PremisesPremises by Tenant consistent with Tenant’s Permitted Use. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide assure that electric current for normal lighting and normal office machinescurrent, elevator service and water on the same floor as are available to the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office the comfortable occupancy and use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to of the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and by Tenant shall pay the amount reasonably determined by Landlord to be consistent with Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces’s Permitted Use. Janitorial and maintenance services shall be furnished as part of the Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding intra-building cabling and wiring and plumbing systemssystems all consistent with the comfortable occupancy and use of the Premises by Tenant consistent with Tenant’s Permitted Use. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically , provided however that Landlord will not engage in this Article 11a repair of any HVAC, plumbing or electrical system without providing Tenant agrees with reasonable prior written notice, and will endeavor to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are schedule such reasonable repairs during hours that do not uniformly furnished to all tenants disrupt Tenant’s Permitted Use of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.
Appears in 2 contracts
Samples: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)
Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, window washing at reasonable intervals, and customary Building janitorial service for all common areas. Janitorial service for common areas shall be provided five days per week excluding service for legal holidays. The costs of any janitorial or other services provided by Landlord to Tenant which are in addition to the services ordinarily provided by Landlord shall be reimbursed by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. During Normal Business Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays Premises the heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. In additionIf requested by Tenant, Landlord shall provide electric current furnish heating and air conditioning at times other than Normal Business Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically, payable upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and normal operation of customary office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes water, both in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined usually furnished or supplied by Landlord to be practicabletenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, all which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such electricity (including, without limitation, electricity permission unless Tenant agrees to pay in order to power the heating, ventilation advance Landlord’s costs of installing separate metering and any supplementary air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing electrical systems required by such electricity to the Premises if such separate meters are installedequipment or lights. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and In addition. Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricityin advance, as Additional RentRent (except to the extent the costs are billed directly to Tenant through separate metering),Landlord’s estimate of the cost of furnishing electricity for such equipment or lights and Landlord’s estimate of the cost of operating and maintaining supplementary’ air conditioning related to Tenant’s use of such equipment or lights. Landlord may install and operate, at Tenant’s cost, a monitoring/metering system to measure the added demands on electricity or HVAC systems. Tenant shall cooperate comply’ with Landlord's efforts to cause ’s instruction for the utilities use of drapes, blinds and thermostats. Landlord shall provide such security for the Project to comply with Landlord's sustainability practices and any LEED rating as it deems appropriate. During other than Normal Business Hours (or other applicable certification standard) applicable Section 1), Landlord may restrict access to the Project. Such efforts may include, without limitation, Building in accordance with the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five Building’s security system (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsaccess via key or card key). Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished for injury to all tenants of the Projectits agents, at the rate generally charged employees, customers or invitees, or for losses due to theft or burglary, or for damages done by Landlord to tenants of the Project for such utilities or servicesunauthorized persons.
Appears in 2 contracts
Samples: Sublease Agreement (ArcherDX, Inc.), Sublease Agreement (ArcherDX, Inc.)
Basic Services. Landlord agrees shall provide toilet room supplies, window washing at reasonable intervals, and customary janitorial service for the common areas. Janitorial service shall be provided five days per week excluding service for legal holidays, provided that Tenant may elect to furnish provide its own janitorial service to the Premises, at a cost in which case Tenant shall meet or exceed Landlord's general janitorial standards for the Project as shown on Exhibit N. In the event Tenant does elect to provide its own janitorial service, Landlord shall have the right, upon reasonable notice to Tenant, to inspect the Premises to review compliance with the janitorial standards. The costs of any janitorial or other services provided by Landlord to Tenant shall be included in Operating Costs, from 8:00 reimbursed by Tenant as additional rent within twenty (20) days after receipt of xxxxxxxx therefore. From 7:00 a.m. to 6:00 p.m. Mondays through Fridays on weekdays and 9:00 from 8:00 a.m. to 1:00 p.m. on SaturdaysSaturdays excluding legal holidays ("Normal Business Hours"), excepting local Landlord shall furnish to the Premises the heating and national holidays, air conditioning and heat all required in such Landlord's reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. In additionIf requested by Tenant, Landlord shall provide electric current furnish heating and air conditioning at times other than Normal Business Hours. The charge for normal lighting after-hours HVAC service is $30.00 per hour, subject to periodic increase by Landlord, and normal office machinesshall be paid by Tenant as additional rent within twenty (20) days after receipt of xxxxxxxx therefore (or, elevator service if such services are regularly scheduled, Landlord may require monthly payments simultaneous with Base Rent and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codesAdditional Rent). To the extent reasonably determined the utilities for after-hours services are separately metered and charged directly to Tenant, Tenant shall pay such charges directly to the applicable utility. Landlord shall furnish the Premises with electricity for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and laboratory equipment in the Premises, which in the aggregate exceed the design of the systems, Tenant shall obtain the written permission of Landlord which shall not be practicable, all unreasonably withheld if Tenant installs at its expense any necessary equipment (including additional HVAC) to service such electricity (including, without limitation, electricity excess demand. Landlord may refuse to grant such permission unless Tenant agrees to pay in order to power the heating, ventilation advance Landlord's costs of installing separate metering and any supplementary air conditioning system serving or electrical systems required by such equipment or lights. In addition, Tenant shall pay Landlord in advance, as additional rent (except to the Premisesextent the costs are billed directly to Tenant through separate metering), on the first day of each month during the Term, the Landlord's estimate of the cost of furnishing electricity for the operation of such equipment or lights and Landlord's estimate of the cost of operating and maintaining supplementary air conditioning units necessitated by Tenant's use of such equipment or lights. Landlord shall be separately metered or submetered entitled to install and operate, at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to cost, a monitoring/metering system in the Premises if such separate meters are installed. If, however, separate meters are not installed to measure the added demands on electricity and the Premises are submetered or are jointly metered, then Landlord shall determine HVAC systems resulting from such equipment and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidayslights. Tenant shall comply with all rules Landlord's instruction for the use of drapes, blinds and regulations which thermostats. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may establish for restrict access to the proper functioning and protection of Building in accordance with the common area air conditioningBuilding's security system, heatingprovided that Landlord shall not restrict Tenant's ability to have access, elevatorthrough card readers or otherwise, electrical24 hours per day, intrabuilding cabling and wiring and plumbing systems365 days per year. Landlord shall not be liable forto Tenant for injury to its agents, employees, customers or invitees, or for losses due to theft or burglary, or for damages done by unauthorized persons, provided that this release shall not apply to physical damage to persons or property (excluding consequential damages such as lost profits) to the extent caused by Landlord's gross negligence or willful misconduct. Tenant may install or institute, subject to the provisions of Section 10, such additional security measures as it deems necessary or appropriate to protect Tenant's business and property provided that Tenant shall permit Landlord access as described in Section 6.4 above. Landlord shall provide two card keys to the Building and two keys for the corridor door entering the Premises, and there additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be no rent abatement as a result ofallowed on any door of the Premises without Landlord's written permission, which shall not be unreasonably withheld. Landlord shall be provided keys to any stoppage, reduction or interruption additional door locks added by Tenant. Upon termination of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Lease, Tenant agrees shall surrender to pay for Landlord all utilities keys and other services utilized by Tenant and any additional building services furnished card keys to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.
Appears in 2 contracts
Samples: Office Lease (Seattle Genetics Inc /Wa), Office Lease (Seattle Genetics Inc /Wa)
Basic Services. Landlord agrees shall furnish the following utilities -------------- and services ("Basic Services") for the Premises: (i) during the hours of 8 A.M. to furnish to 6 P.M. ("Business Hours") Monday through Friday (except public holidays) ("Business Days"), electricity for Building standard lighting and power suitable for the use of the Premises for ordinary general office purposes, (ii) during Business Hours on Business Days, heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes, (iii) unheated water for the restroom(s) and drinking fountains in the public areas servicing the Premises, at a cost (iv) elevator service to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy floor(s) of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary by nonattended automatic elevators for general office use pedestrian usage, and in compliance with applicable codes. To the extent reasonably (v) on Business Days, janitorial services limited to emptying and removal of general office refuse, light vacuuming as needed and window washing as determined by Landlord. Notwithstanding the foregoing, however, Tenant may use water, heat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services ("Excess Services," which shall include without limitation any power usage other than through existing standard 110-volt AC outlets; electricity and/or water consumed by Tenant in connection with any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant; chilled, heated or condenser water; or water used for any purpose other than ordinary drinking and lavatory purposes), provided that the Excess Services desired by Tenant are reasonably available to Landlord and to the Premises (it being understood that in no event shall Landlord be practicableobligated to make available to the Premises more than the pro rata share of the capacity of any Excess Service available to the Building or the applicable floor of the Building, as the case may be), and provided further that Tenant complies with the procedures established by Landlord from time to time for requesting and paying for such Excess Services and with all such electricity other provisions of this Paragraph 17. Landlord reserves the right to install in the Premises or the Real Property electric current and/or water meters (including, without limitation, electricity in order any additional wiring, conduit or panel required therefor) to power measure the heating, ventilation and air conditioning system serving the Premises), shall be separately metered electric current or submetered at Tenant's expense and water consumed by Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project usage to comply with Landlord's sustainability practices and any LEED rating be measured by other reasonable methods (e.g. by temporary "check" meters or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicessurvey).
Appears in 2 contracts
Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current the following basic services during the Term, subject to any limitations imposed by applicable law and governmental authorities:
(a) Hot and cold water at those points of supply provided for normal lighting general use of other tenants in the Project; heat and normal office machinesair conditioning in season, elevator service during the Building hours of operation specified in the rules and water on regulations for the same floor as the Premises for lavatory Project adopted pursuant to Section 5.17 and drinking purposes at such temperatures and in such reasonable quantities amounts as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined are considered by Landlord to be practicablestandard for the comfortable use and occupancy of the Leased Premises or, in all such electricity events, as may be permitted or controlled by applicable laws, ordinances, rules and regulations.
(includingb) Structural and exterior maintenance (including exterior glass and glazing) and routine maintenance, without limitation, electricity repairs and electric lighting service for all public areas and service areas of the Project in order to power the heating, ventilation manner and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined extent deemed by Landlord to be Tenant's equitable share standard.
(c) Janitorial service on a five (5) day per week basis, excluding holidays.
(d) Electric lighting service throughout the Leased Premises and electrical facilities to provide sufficient power for copy machines, facsimile machines, standard size personal computers and other standard office machines of similar low electrical consumption, but not including electricity required for special lighting in excess of Building standards, and any other item of electrical equipment which consumes electricity in amounts in excess of standard office equipment (“Extra Electrical Service”).
(e) Building Standard lamps, bulbs, starters and ballasts used in the monthly charge for Leased Premises.
(f) Public elevator service serving the floors on which the Leased Premises are situated, including freight elevator service when prearranged with Landlord, subject to such electricity, rules and regulations as Additional RentLandlord shall promulgate from time to time. Tenant shall cooperate fully with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices Landlord at all times and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls abide by all regulations and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which requirements that Landlord may establish reasonably prescribe for the proper functioning and protection of the common area air conditioning, heating, elevatorHVAC, electrical, intrabuilding cabling and wiring mechanical and plumbing systems. Landlord shall not be liable forfor damages to either person or property, and nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be no rent abatement relieved from performance of any covenant on its part to be performed under this Lease by reason of any (i) deficiency in the provision of basic services; (ii) breakdown of equipment or machinery utilized in supplying services; or (iii) curtailment or cessation of services due to causes or circumstances beyond the reasonable control of Landlord or by the making of the necessary repairs or improvements, unless such deficiency, breakdown, curtailment or cessation is due to the active gross negligence or willful misconduct of Landlord. Landlord shall use reasonable diligence to make such repairs as a result ofmay be required to machinery or equipment within the Project to provide restoration of services and, any stoppage, reduction where the cessation or interruption of service has occurred due to circumstances or conditions beyond Project boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. In no event shall any such services caused by governmental rules, regulations mortgagee or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs the beneficiary under any deed of trust referred to in Section 5.12 be or other cause. Except as specifically provided in become liable for any default of Landlord under this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesSection 4.1.
Appears in 1 contract
Samples: Office Building Lease (Aquinox Pharmaceuticals, Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on SaturdaysFridays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises, per the applicable code. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To Electricity for the extent reasonably determined by Landlord to be practicable, all such electricity Premises (including, without limitation, excluding electricity in order to power the Project’s heating, ventilation and air conditioning system serving the Premises), system) shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall use its best efforts to cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Projectpractices. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all reasonable rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall provide security services reasonably determined by Landlord to be consistent with Class A northern suburban office complexes of similar size. Landlord shall not be liable for, and except as provided in Section 11(h) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Basic Services. So long as Tenant is not in default hereunder, Landlord agrees to shall furnish to the Premisesfollowing services: (i) heating, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays ventilating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all ("HVAC") to provide a temperature condition required, in such Landlord's reasonable quantities as in the judgment of Landlord is reasonably necessary judgment, for the comfortable occupancy of the Premises. In additioninterior of the Building under normal business operations, Landlord shall provide electric current daily from 7:00 A.M. to 7:00 P.M., plus six (6) hours of HVAC services on weekends as hereafter provided, holidays excepted; (ii) water for normal lighting and normal office machinesdrinking, elevator service and and, subject to Landlord's approval, water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms at locations designated by Landlord; (iv) janitor service, including replacement of paper products in restrooms, floor care (including stripping and waxing, if applicable) at least twice per year, cleaning of windows on a reasonably frequent basis and pest control; (v) maintenance of exterior common areas of the Building, including snow removal as necessary and maintenance of the landscaped areas; and (vi) automated elevator service 24 hours a day, 7 days a week. As part of basic services, Tenant may order up to six (6) hours in the aggregate of HVAC services on each weekend. A designated employee or agent of Tenant may order such weekend HVAC services by providing notice to Landlord at least three (3) days in advance of such services. If Tenant is not satisfied with the janitorial services provided by Landlord, then Tenant may elect to provide such janitorial services directly, provided that Tenant's janitorial contractor is reputable and experienced in providing such services in first class office buildings in Brentwood, Tennessee, Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord arrange to be Tenant's equitable share of the monthly charge for billed directly by such electricity, as Additional Rentcontractor. Tenant shall cooperate provide Landlord with Landlord's efforts sufficient notice to cause permit Landlord to terminate any existing janitorial service contract orderly and without fee or penalty. In the utilities event Tenant elects to perform such janitorial services directly, then for purposes of determining Adjustment Rent, janitorial costs and expenses which were included in Expenses for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Base Year shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish deducted from such Expenses for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesBase Year.
Appears in 1 contract
Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. The costs of any janitorial or other services provided by Landlord to furnish Tenant which are in addition to the Premises, at a cost to services ordinarily provided by Landlord shall be included in Operating Costs, from reimbursed by Tenant as additional rent upon receipt of xxxxxxxx therefore. From 8:00 a.m. to 6:00 p.m. Mondays through Fridays on weekdays and from 9:00 a.m. to 1:00 p.m. on SaturdaysSaturdays excluding legal holidays (“Normal Business Hours”), excepting local Landlord shall furnish to the Premises the heating and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Business Hours. The charge for after-hours HVAC service is $30.00 per hour, subject to periodic increase by Landlord, and shall be paid by Tenant as additional rent upon receipt of xxxxxxxx therefore. Landlord shall furnish the Premises with electricity for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing separate metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay Landlord in advance, as additional rent (except to the amount reasonably determined by Landlord extent the costs are billed directly to be Tenant's equitable share Tenant through separate metering), on the first day of each month during the Term, the Landlord’s estimate of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities cost of furnishing electricity for the Project to comply with operation of such equipment or lights and Landlord's sustainability practices ’s estimate of the cost of operating and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the maintaining supplementary air conditioning units necessitated by Tenant’s use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spacessuch equipment or lights. Janitorial and maintenance services Landlord shall be furnished five (5) days per weekentitled to install and operate, excepting local at Tenant’s cost, a monitoring/metering system in the Premises to measure the added demands on electricity and national holidaysthe HVAC systems resulting from such equipment and lights. Tenant shall comply with all rules and regulations which Landlord may establish Landlord’s instruction for the proper functioning use of drapes, blinds and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsthermostats. Landlord shall not be liable forprovide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may restrict access to the Building in accordance with the Building’s security system, but during that time, Tenant will continue to have access via keys and card keys. Landlord shall provide two card keys to the Building and two keys for the corridor door entering the Premises, and there additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be no rent abatement as a result ofallowed on any door of the Premises without Landlord’s written permission, and Tenant shall not make, or permit to be made, any stoppageduplicate keys, reduction or interruption except those furnished by Landlord. Upon termination of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Lease, Tenant agrees shall surrender to pay for Landlord all utilities keys and other services utilized by Tenant and any additional building services furnished card keys to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.
Appears in 1 contract
Samples: Office Lease (PortalPlayer, Inc.)
Basic Services. As part of Operating Expenses (except as set forth in Paragraph 9.2 below), and provided Tenant is not in default hereunder, Landlord agrees shall furnish the following utilities and services ("Basic: Services") for the Premises:
(i) during the Business Hours specified in the Lease Summary reasonable quantities of electricity for lighting and convenience outlets;
(ii) during Business Hours, heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes;
(iii) unheated water for the restroom(s) and drinking fountain(s) in the public areas serving the Premises; and
(iv) janitorial services limited to furnish emptying and removal of general office refuse, light vacuuming as needed and window washing, all as determined by Landlord, Notwithstanding the foregoing, however, Tenant may use water, heat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services ("Excess Services") which shall include without limitation any power usage other than through existing standard 110-volt AC outlets, electricity and/or water consumed by Tenant in connection with any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant, chilled, heated or condenser water, or water used for any purpose other than ordinary drinking and lavatory purposes, provided that the Excess Services desired by Tenant are reasonably available to Landlord and to the Premises, and provided further that Tenant complies with the procedures established by Landlord from time to time for requesting for such Excess Services and with all other provisions of this Paragraph 9. Tenant shall pay for such Excess Services at a cost to be included in Operating Coststhe hourly rate established by Landlord, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, which shall include Landlord's then-standard administrative charge; the parties agree that Landlord's charge for after hours heating or air conditioning and heat all in such reasonable quantities as shall be $25.00 per hour. Landlord reserves the right, at Tenant's cost, to install in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide Premises electric current for normal lighting and normal office machines, elevator service and and/or water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity meters (including, without limitation, electricity any additional wiring, conduit or panel required therefor) to measure the electric current or water consumed by Tenant or to cause the usage to be measured by other reasonable methods (e.g. by temporary "check" meters or by survey). If the temperature otherwise maintained in order to power any portion of the heatingPremises by the HVAC systems of the Building is affected as a result of (i) any lights, ventilation and air conditioning system serving machines or equipment used by Tenant in the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to (ii) the entity providing such electricity to occupancy of the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly meteredby more than one person per 200 square feet of rentable area, then Landlord shall determine and Tenant shall pay have the amount right to install any machinery or equipment reasonably determined by Landlord necessary to be Tenant's equitable share of restore the monthly charge for such electricitytemperature, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable including modifications to the Projectstandard air conditioning equipment. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption The cost of any such services caused by governmental rulesequipment and modifications, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant including the cost of installation and any additional building services furnished to Tenant which are not uniformly furnished to all tenants cost of operation and maintenance of the Projectsame, at the rate generally charged shall be paid by Tenant to Landlord to tenants of the Project for such utilities or servicesupon demand.
Appears in 1 contract
Samples: Lease Agreement (Garage Com)
Basic Services. Landlord agrees shall furnish the following services, subject to furnish applicable laws and governmental restrictions and to the Premisesother provisions of this Lease:
(1) Cooled and heated air in season of all common areas within the Building, at a cost daily from 7:30 A.M. to be included in Operating Costs, 6:00 P.M. (Saturdays from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. A.M. to 1:00 p.m. on SaturdaysP.M.), excepting local Sundays and national holidaysholidays excepted. These utility costs are a part of the Building's operating expense as more fully described in 7.A.(1).
(2) Customary maintenance and repair of the exterior portion of the Building (including the roof), air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary parking area for the comfortable occupancy Building, the common areas of the Premises. In additionBuilding and, Landlord shall provide electric current subject to Tenant's obligations under subsections (1), (2) and (3) of Paragraph 3B below, the structural, mechanical, plumbing and electrical systems of the Building.
(3) Cold water for normal lighting drinking, lavatory and normal office machinestoilet purposes drawn through fixtures installed by Landlord, elevator service or by Tenant with Landlord's written consent and hot water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in drawn from regular Building supply at the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codesprevailing temperatures. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined Landlord at rates fixed by Landlord for water furnished for any other purpose.
(4) Customary janitor service in and about the common areas within the Building, Monday through Friday; Saturdays, Sundays and holidays excepted. Attached to this Lease as Exhibit "B" are the current cleaning specifications for the Building, all of which Tenant hereby agrees shall be deemed to be Tenant's equitable share reasonable.
(5) Washing of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause windows in the utilities for common areas of the Project to comply with Landlord's sustainability practices Building and any LEED rating (or other applicable certification standard) applicable to washing of the Project. Such efforts may include, without limitation, exterior windows in the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Premises shall be furnished five periodically at such times as Landlord in its discretion shall determine.
(56) Lighting of common areas of the Building's West wing during the Building's normal hours will be as specified in subsection (1) of this Paragraph 3A. Lighting of common areas of the Building's East wing will remain on (24) twenty four hours per day, (7) seven days per week, excepting local and national holidays. Tenant Parking lot lighting of exterior parking lot at Building's East wing shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection have those light standards illuminated as required by time of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees year from 5:00 p.m. to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.9:00 a.m. C.
Appears in 1 contract
Samples: Lease Agreement (Security Associates International Inc)
Basic Services. (a) Tenant shall (where practicable) contract for and pay directly when due, for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges, cleaning, waste disposal and other utilities and services used on or from the Property, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. However, Landlord agrees initially will maintain the water meter(s) in its own name; provided, however, that if at any time during the Lease Term Landlord requires Tenant to furnish put the water service in Tenant’s name, Tenant shall do so at Tenant’s sole cost. Tenant shall be responsible for determining if the local supplier of water, gas and electricity can supply the needs of Tenant and whether or not the existing water, gas and electrical distribution systems within the Building and the Property are adequate for Tenant’s needs. Tenant shall be responsible for determining if the existing sanitary and storm sewer systems now servicing the Property and the property are adequate for Tenant’s needs. Tenant shall pay all charges for water, gas, electricity and storm and sanitary sewer services as so supplied to the Property, irrespective of whether or not the services are maintained in Landlord’s or Tenant’s name. All sums payable under this Paragraph 6.1 shall constitute additional rent hereunder.
(b) Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Property as of the date Tenant takes possession of the Premises, at a cost to be included if any, as being sufficient in Operating Coststheir present condition, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities “as in the judgment of Landlord is reasonably necessary is,” for the comfortable occupancy of permitted use as set forth in Paragraph 3.1, and for Tenant’s intended operations in the Premises. In addition, Tenant agrees at all times to cooperate reasonably with Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined to abide by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices regulations and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations requirements which Landlord may establish reasonably prescribe for the proper functioning and protection of the common area air conditioningelectrical, heating, elevatorventilating and air conditioning systems. Notwithstanding anything to the contrary in this Lease, electricalLandlord represents that as of the date of this Lease the Building is served by two (2) dedicated 2,000 AMP power services.
(c) Tenant shall not without written consent of Landlord, intrabuilding cabling which consent shall not be unreasonably withheld, conditioned, or delayed, use any apparatus, equipment or devices in the Premises which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises, if any, as reasonably determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may not unreasonably withhold or delay, to the use thereof, and wiring Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay the cost of all such additional resources, energy, utility service and plumbing systemsmeters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord represents that all systems servicing the Building are already separately metered. Landlord shall not in no case be liable forfor any damages directly or indirectly resulting from nor shall the rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, and there shall be no rent abatement as a result of, any stoppage, reduction use or interruption of use of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided equipment used in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and connection with the furnishing of any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas of any other form of energy or any other service or utility whatsoever serving the Premises of Project otherwise; or (d) the partial or total unavailability of any such utilities or services in the Premises or the Building or the diminution in the quality or quantity thereof, whether by Regulation or otherwise, or (e) any interruption in Tenant’s business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable Regulations permitting the termination of this Lease due to such failure or interruption. Landlord shall be entitled to cooperate, to the extent required by applicable laws or regulations, with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make service available hereunder shall be subject to such legally mandated program. In addition, Landlord reserves the right, with Tenant’s consent (not to be unreasonably withheld, conditioned, or delayed) to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to and receipt of the consent of Tenant (not to be unreasonably withheld, conditioned, or delayed), contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate reasonably with Landlord and any supplier or provider of such services reasonably designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the premises and to the Building and Project, including without limitation allowing Landlord and Landlord’s suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith. If any utility or other service required to be provided by Landlord to Tenant pursuant to the foregoing provisions of this Paragraph 6.1 is interrupted, Tenant will promptly notify Landlord in writing. If (a) any utility or other service required to be provided by Landlord to Tenant pursuant to the foregoing provisions of this Paragraph 6.1 is interrupted and (b) such discontinuance or interruption is within Landlord’s reasonable control, and (c) such discontinuance or interruption continues for at least 7 consecutive business days and renders all or a material portion of the Premises untenantable for such period such that Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption Landlord will equitably xxxxx Tenant’s obligation to pay Base Rental and Tenant’s Proportionate Share of Operating Expenses (as set forth in Paragraph 5) beginning on the 8th business day after the later of (i) the first day of such interruption and (ii) the date of Landlord’s receipt of Tenant’s notice thereof, and ending on the date on which such service is substantially restored.
Appears in 1 contract
Samples: Lease Agreement (Fusion-Io, Inc.)
Basic Services. Landlord agrees to furnish to furnish, as part of Operating Expenses, water and, if applicable, elevator services, janitorial services and electricity for the Premises, at a cost to be included and heat, ventilation and air-conditioning (hereinafter collectively called "HVAC") required in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the Landlord's judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises, all in accordance with the following schedule (and subject to the rules and regulations of the Property as well as any governmental requirements or standards relating to, among other things, energy conservation): Water - All days, 24 hours Electricity – All days, 24 hours HVAC - Monday through Friday - 7 a.m. to 6 p.m., excluding holidays Janitorial – Five nights per week, excluding holidays. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably Schedule to be determined by Landlord. Landlord to be practicablemay impose a reasonable charge for any utilities and services, all such electricity (including, without limitation, electricity and HVAC, required to be provided by Landlord by reason of any substantial recurrent use of the Premises at any time other than the above schedule for such utilities and services, or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and ventilating needs created in order to power the heatingcertain areas by hybrid telephone equipment, ventilation computers and air conditioning system serving other similar equipment or uses. At Landlord's option and expense, separate meters for such utilities and services may be installed for the Premises). Xxxxxx agrees to cooperate fully at all times with Landlord and to abide by all regulations and requirements which Landlord may prescribe for the use of the above utilities and services. Any such excess costs as described above shall constitute “Rental”. Landlord consents to provide lighting of the Common Areas or any portion thereof, shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity HVAC to the Premises if beyond the normal and customary business hours upon Tenant’s request, and shall have the right to bill for such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine after-hour usages and Tenant shall pay the amount reasonably determined by to Landlord to be Tenant's equitable share of the monthly charge for such electricity, additional charges as Additional RentRental. Tenant shall cooperate not, without the prior written consent of Landlord, use any apparatus or device in the Premises (including but not limited to electronic data processing machines, and machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water normally furnished or supplied for use of the Premises as general office space, nor shall Tenant connect with Landlord's efforts to cause electric current (except through existing electrical outlets in the utilities Premises) or water pipes any apparatus or device for the Project to comply with Landlord's sustainability practices and any LEED rating (purpose of using electric current or other applicable certification standard) applicable water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the Project. Such efforts may includeuse thereof, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish cause a separate water meter or electric current meter to be installed, so as to measure the amount of water and electric current consumed for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsany such other use. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption The cost of any such services caused separate meters and of installation, maintenance and repair thereof shall be paid for by governmental rulesTenant, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant and Xxxxxx agrees to pay Landlord, promptly upon demand, for all utilities such water and other services utilized electricity consumed as shown by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Projectsaid meters, at the rate generally average rates charged for such services by Landlord to tenants the jurisdiction in which the Property is located or by the local public utility furnishing the same, whichever the case may be, plus any additional expense incurred in keeping account of the Project water and electric current so consumed. Notwithstanding anything hereinabove to the contrary, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards for such utilities or and services.
Appears in 1 contract
Basic Services. Subject to any law, rule or governmental order or regulation, and further subject to any circumstance beyond the control of the Landlord, Landlord agrees shall furnish the following services at its cost and expense:
(a) Air conditioning and heat, whichever be required, from 8 a.m. to furnish 6 p.m., Monday through Friday, excluding legal holidays;
(b) Hot and cold water for lavatory purposes and electric current for lighting the Premises and for ordinary office appliances and office machines only, provided that Tenant shall not use any electrical equipment which in Landlord’s opinion will overload the wiring insulations or interfere with the use thereof by Landlord or any other tenant in the Building. If a further supply of water is required by Tenant, then at Tenant’s expense, Landlord shall have the option to install and maintain a water meter to register such consumption, and Tenant shall pay as Additional Rent for water consumed, at the cost to Landlord, and for sewer rents and all other rents and charges based upon such consumption of water;
(c) General day-to-day janitorial service (excluding carpet shampooing and hard surface floor waxing) five days a week, and elevator service during the same hours for which air conditioning and heat services are provided as set forth above, provided, however, that in the event Tenant is delinquent in making any installment payment of rent under this Lease for a period of fifteen (15) days or more after it shall become due, Landlord may discontinue furnishing any or all of the services described in this Section 9 until all arrears of rental payments, plus interest and late charges and any other sums due under this Lease, shall have been paid in full. Whenever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, as determined by Landlord, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the costs therefor, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. If Tenant, as determined by Landlord, requires electric current in excess of that usually furnished or supplied to the Premises, Landlord may, at a cost its election, either cause an electric current meter to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as installed in the judgment of Landlord is reasonably necessary for Premises so as to measure the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge consumed for such electricityexcess use or determine the value of such excess use by causing an independent electrical engineer or consulting firm, as Additional Rent. Tenant shall cooperate with selected by Landlord's efforts , to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the conduct a survey of Tenant’s use of energy efficient bulbs electric current and to certify such determination in task lighting, energy efficient lighting controls writing to Landlord and measures to avoid over-lighting interior spacesTenant. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption The cost of any such services caused survey or installation and maintenance of such meter shall be borne by governmental rules, regulations Tenant if the survey or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other causemeter indicates excess use by Tenant. Except as specifically provided in this Article 11Additionally, Tenant agrees to pay to Landlord, as Additional Rent, promptly upon demand therefor by Landlord, the amount determined to be due for all utilities and other services utilized the electric current consumed by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of Tenant, as shown by said meter or as indicated in said survey, as the Projectcase may be, at the rate generally charged for such service by the local public authority or the local public utility, as the case may be, furnishing the same, plus any additional expenses incurred by Landlord to tenants in keeping account of the Project electric current consumed.
(d) Notwithstanding anything in this Lease to the contrary, Tenant will not without the prior written consent of Landlord use any apparatus or device in the Premises that will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. Tenant shall not connect with any electric current except through existing electrical outlets in the Premises, or to any water pipes, any apparatus or device for the purposes of using electric current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises, Tenant must first procure the written consent of Landlord to the use thereof. With the prior written consent of Landlord, Tenant may maintain and operate data processing equipment on the Premises, but all additional costs in connection therewith (including, but not limited to, additional support flooring, insulation, electrical outlets and temperature maintenance facilities) shall be borne solely by Tenant and the utility services utilized by or for such utilities or servicesequipment shall be separately metered and the cost of such utility services with metering shall be borne solely by Tenant. At Tenant’s request and with Landlord’s prior approval, Landlord shall furnish the services described in this Section at times other than specified in Section 9.1 (a), provided that Tenant shall pay the entire cost thereof as reasonably determined by Landlord as Additional Rent, notwithstanding the fact that such services may also benefit portions of the Building other than the Premises (in which event Landlord shall not receive collectively from all tenants paying for any portion of such additional services more than the actual cost to Landlord of providing the same).
Appears in 1 contract
Samples: Office Lease (Infotech Usa Inc)
Basic Services. Landlord agrees to furnish to the Tower Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidaysHolidays (“Business Hours”), air conditioning and heat (“HVAC”) all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Tower Premises. In additionLandlord shall use commercially reasonable efforts to cause the Tower’s HVAC system to perform in accordance with the ASHRAE Standard 2004. The term “Holidays” shall mean, as of the date of this Lease, New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided, however, Landlord reserves the right to add other nationally recognized holidays. Subject to repairs (which, to the extent feasible, shall be scheduled outside of Business Hours), at least three (3) passenger elevators serving the Premises located in the Tower shall be running during Business Hours and at least one (1) passenger elevator and one (1) freight elevator shall be running at all other times. HVAC to the Annex Premises shall be provided by Landlord to all areas of the Annex Premises provided Tenant elects to convert the existing data center to office space; provided, however, that if Tenant elects not to convert the data center to office space, HVAC shall be provided by Landlord only to the office portion of the Annex Premises and Tenant shall be responsible for providing HVAC required by Tenant to the remaining portions of the Annex Premises. Landlord shall provide electric current for normal lighting and normal office machinesof six (6) xxxxx per usable square foot, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To All utilities to the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), Premises shall be separately metered or submetered at Tenant's expense Landlord’s cost and Tenant shall make payment directly to the entity entities providing such electricity to the Premises if such separate meters are installed. Ifutility services (provided, however, separate meters are not installed and that notwithstanding the Premises are submetered or are jointly meteredforegoing, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord parties acknowledge that electricity required in order to be Tenant's equitable share of power the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities HVAC system for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs Tower shall be included in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spacesOperating Costs). Janitorial and maintenance services shall be furnished five (5) days per week, excepting local Holidays in accordance with the specifications attached hereto as Exhibit “H” and national holidaysmade a part hereof. The cost of such janitorial service provided to the Tower Premises shall be included in Operating Costs; however, the cost of such janitorial service provided to the Annex Premises shall be payable by Tenant monthly, as Additional Rent. Landlord will provide a food service vendor for the Project; however, Tenant acknowledges that such food service may be temporarily discontinued for a change in vendor and/or remodeling, provided that Landlord shall use its best commercially reasonable efforts to minimize any discontinuation of such service and, in any event, such service shall not be discontinued for a period in excess of six (6) months. Furthermore, Landlord at all times during the Term shall provide a fitness center at the Project, provided that Tenant acknowledges that the size and level of service of such fitness center may change from time to time, Landlord shall not be obligated to provide a swimming pool in connection with such fitness center and such fitness center may temporarily close from time to time due to a change in vendor and/or remodeling. Tenant shall have the option, upon thirty (30) days prior written notice to Landlord, to provide its own janitorial service to the Annex Premises, provided that any janitorial contractor shall be subject to Landlord’s reasonable approval and must be bonded. Tenant shall comply with all reasonable rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and except as provided in Section 11(i) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord Landlord’s actual cost to tenants of the Project for provide such utilities or servicesservice with no xxxx-up.
Appears in 1 contract
Samples: Standard Office Lease (Coinstar Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent Tenant shall be responsible for retaining a bonded janitorial contractor, which contractor shall be reasonably determined approved by Landlord, and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to be practicable, all such electricity (including, without limitation, electricity in order provide janitorial service to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Except as provided in Section 11(i) below, Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Samples: Standard Office Lease (United Business Holdings, Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy (a) The ARCHITECT’S Basic Services consist generally of the Premises. In addition, Landlord shall provide electric current for normal lighting phases described in this contract and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined include (list services provided by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premisesarchitect), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project within the limits the COUNTY has budgeted and in accordance with the standard of care required of other architects on similar projects. This shall include, but not be limited to, ARCHITECT’S employment of sufficient qualified personnel and consultants to comply fully and timely accomplish the services promised and agreed to in this Contract. The COUNTY shall furnish a site survey showing property lines, topography, existing improvements, utilities and all other information needed for complete site design. The COUNTY will also provide a geo-technical report.
(b) ARCHITECT shall use reasonable efforts and endeavor to perform all its professional services agreed hereunder in a manner satisfactory and consistent with Landlord's sustainability practices the professional standard of care provided by architects in similar projects. ARCHITECT’S Working Drawings and Specifications for the Project shall be suitable for their intended use and shall include plans and profiles necessary to tie all Project water, sewer, gas, underground electrical, phone, data fiber optic conduit and storm drainage lines into adjacent existing lines and facilities, as authorized and approved by the City of
(c) ARCHITECT’S Working Drawings and Specifications for the Project will meet applicable federal, state, and local codes in effect at the time construction documents are complete. The ARCHITECT will endeavor to secure all governmental approvals in conjunction with COUNTY, except that no waiver shall be requested of a code, standard or specification by ARCHITECT without the prior written consent of Owner’s Representative.
(d) The description of services is necessarily general rather than specific in detail, and will not be construed so as to exclude any LEED rating services customarily provided by an experienced and competent architect for projects of the nature and scope of this Project.
(e) ARCHITECT’S services include preparation and presentation to governmental agencies for approval of any required zoning, certificate of appropriateness, platting, planning, permitting, variances, community facilities agreements, encroachments, etc. The COUNTY will pay for any application fees or other applicable certification standard) applicable to the Projectgovernmental fees. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply This also includes any required meetings with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction neighborhood association or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesinterested party.
Appears in 1 contract
Samples: Architectural Services Agreement
Basic Services. Landlord agrees shall provide the existing equipment servicing the Premises in its “as is” condition in order to furnish to the Premisesprovide electric current, at a cost to be included in Operating Costsheat and air-conditioning therein. Landlord and Tenant hereby acknowledge that an independent heating, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays ventilation and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air air-conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of system (“HVAC System”) will service the Premises. In additionSubject to Section 9(b), Landlord Tenant shall provide electric current be responsible for normal lighting the maintenance and normal office machinesrepair of the HVAC System and shall, elevator at Tenant’s sole cost and expense, maintain a service and water maintenance contract for such HVAC System with a contractor reasonably approved by Landlord, which contractor shall perform all maintenance and repairs on the same floor HVAC System as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such necessary. The electricity (including, without limitation, electricity in order furnished to power the heating, ventilation and air conditioning system serving the Premises), as well as other utilities, shall be separately metered or submetered at upon delivery of the Premises to Tenant's expense and , provided Tenant shall contract with, and make payment payments directly to to, the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rentwell as any other entity providing other utilities to the Premises. Tenant shall cooperate with be responsible for retaining a bonded janitorial contractor, which contractor shall be reasonably approved by Landlord's efforts , and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable provide janitorial service to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of any common systems of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsProject. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, Project at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Basic Services. Landlord agrees shall furnish the following services, subject to furnish applicable laws and governmental restrictions and to the Premisesother provisions of this Lease:
(1) Cooled and heated air in season of all common areas within the Building, at a cost daily from 7:30 A.M. to be included in Operating Costs, 6:00 P.M. (Saturdays from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. A.M. to 1:00 p.m. on SaturdaysP.M.), excepting local Sundays and national holidaysholidays excepted. These utility costs are a part of the Building's operating expense as more fully described in 7.A.(I).
(2) Customary maintenance and repair of the exterior portion of the Building (including the roof), air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary parking area for the comfortable occupancy Building, the common areas of the Premises. In additionBuilding and, Landlord shall provide electric current subject to Tenant's obligations under subsections (1), (2) and (3) of Paragraph 3B below, the structural, mechanical, plumbing and electrical systems of the Building.
(3) Cold water for normal lighting drinking, lavatory and normal office machinestoilet purposes drawn through fixtures installed by Landlord, elevator service or by Tenant with Landlord's written consent, and hot water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in drawn from regular Building supply at the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codesprevailing temperatures. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined Landlord at rates fixed by Landlord to be Tenant's equitable share for water furnished for any other purpose.
(4) Customary janitor service in and about the common areas within the Building, Monday through Friday; Saturdays, Sundays and holidays excepted.
(5) Washing of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause windows in the utilities for common areas of the Project to comply with Landlord's sustainability practices Building and any LEED rating (or other applicable certification standard) applicable to washing of the Project. Such efforts may include, without limitation, exterior windows in the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Premises shall be furnished five periodically at such times as Landlord in its discretion shall determine.
(56) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection Lighting of common areas of the Building during the Building's normal hours specified in subsection (1) of this Paragraph 3A.
(7) Clearance of snow from the parking lot and sidewalks serving the Building at such times as Landlord in its discretion shall determine.
(8) Landscaping of the plants and foliage in the common areas of the Building at such times as Landlord in its discretion shall determine.
(9) Exterior paved parking area air conditioningwith spaces available for Tenant's use on a first-come, heating, elevator, electrical, intrabuilding cabling first-serve basis and wiring for use by Landlord and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities its agents and other services utilized by Tenant tenants, guests and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of invitees, including rubbish removal and cartage in and about the Projectpremises Mondays thru Saturday both inclusive, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesSundays and holidays excluded.
Appears in 1 contract
Samples: Lease Agreement (Security Associates International Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 8:00 a.m. to 1:00 p.m. noon on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts be solely responsible for retaining a bonded janitorial company to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable provide janitorial service to the Project. Such efforts may include, without limitation, Premises on a regular basis as reasonably approved by Landlord and Landlord shall have no obligation to provide janitorial services to the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
Basic Services. Landlord agrees shall furnish the following utilities and services ("Basic Services") for the Premises: (i) electricity for lighting and all other power requirements totaling up to furnish 0.758 kilowatt hours of aggregate consumption per rentable square foot of the Premises per month ("Tenant's Electricity Basket"), (ii) to the Office Premises only, during the hours of 8 A.M. to 6 P.M. ("Business Hours") Monday through Friday (except public holidays) ("Business Days"), heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupancy of the Office Premises for ordinary general office purposes, (iii) unheated water for the restroom(s) and drinking fountain(s) in the public areas serving the Premises, (iv) elevator service to the floor(s) of the Premises by nonattended automatic elevators for general office pedestrian usage, and (v) to the Office Premises only, on Business Days after the date that Tenant shall have commenced the conduct of business from the Office Premises, janitorial services limited to emptying and removal of general office refuse, light vacuuming as needed and window washing as reasonably determined by Landlord. Tenant shall be solely responsible, at a Tenant's sole cost to be included in Operating Costsand expense, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays for providing heat and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning to the Retail Premises, including all equipment and heat all in such reasonable quantities facilities as in the judgment of Landlord is reasonably shall be necessary for the comfortable occupancy same. Tenant shall either arrange for janitorial service to the Retail Premises at Tenant's sole cost and expense by a licensed party approved by Landlord (such approval not to be unreasonably withheld), or reach agreement with Landlord as to the provision of such janitorial service to the Retail Premises as an Excess Service as provided below. Notwithstanding the above, subject to temporary shutdown for maintenance and repairs, for security purposes, for compliance with Legal Requirements, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, or other causes of Force Majeure, (A) Tenant shall have access to the Premises 24 hours a day, each day of the PremisesLease term, (B) the services described in (iii) and (iv) above shall be provided to the Premises 24 hours a day, each day of the Lease term, and (C) Tenant may use water, beat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services ("Excess Services," which shall include without limitation electricity in excess of Tenant's Electricity Basket, water consumed by Tenant in connection with any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant; chilled, heated or condenser water; or water used for any purpose other than ordinary drinking and lavatory purposes), provided that the Excess Services desired by Tenant are reasonably available to Landlord and to the Premises (it being understood that in no event shall Landlord be obligated to make available to the Premises more than the pro rata share of the capacity of any Excess Service available to the Building or the applicable floor of the Building, as the case may be), and provided further that Tenant complies with the procedures established by Landlord from time to time for requesting and paying for such Excess Services and with all other provisions of this Paragraph 17. In addition, Tenant acknowledges that any heat and air-conditioning required by Tenant in the Retail Premises that is excess of the standard set forth in clause (ii) above shall constitute Excess Services. Landlord shall provide reserves the right to install in the Premises or the Real Property electric current for normal lighting and normal office machines, elevator service and and/or water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity meters (including, without limitation, electricity in order any additional wiring, conduit or panel required therefor) to power measure the heating, ventilation and air conditioning system serving the Premises), shall be separately metered electric current or submetered at Tenant's expense and water consumed by Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project usage to comply with Landlord's sustainability practices and any LEED rating be measured by other reasonable methods (e.g. by temporary "check" meters or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicessurvey).
Appears in 1 contract
Samples: Office Lease (Sharper Image Corp)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. Tenant shall cooperate with Landlord’s efforts to cause the utilities for the Project to comply with Landlord’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation ventilating and air conditioning system serving the Premises), ) shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished as part of Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article Section 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Samples: Office Lease (Celladon Corp)
Basic Services. Landlord agrees shall provide the existing equipment servicing the Premises in its "as is" but operable condition in order to furnish to the Premisesprovide electric current, at a cost to be included in Operating Costsheat and air-conditioning therein. Landlord and Tenant hereby acknowledge that an independent heating, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays ventilation and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air air-conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of system ("HVAC System") will service the Premises. In addition, Landlord shall provide electric current be responsible for normal lighting the maintenance and normal office machinesrepair of the HVAC System and shall, elevator as an Operating Cost, maintain a service and water maintenance contract for such HVAC System with a contractor reasonably designated by Landlord, which contractor shall perform all maintenance and repairs on the same floor HVAC System as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order necessary. Tenant shall be entitled to power utilize the existing supplementary heating, ventilation and air conditioning system serving for a portion of the Premises)Premises and to install, shall be separately metered as an Improvement or submetered as an Alteration, subject to Landlord's reasonable approval of plans and specifications, other heating, ventilation and air conditioning units (collectively, "Supplementary Units") within the Premises at Tenant's sole cost and expense (or as a charge to the Improvement Allowance). A submeter will also be installed, at Tenant's sole cost and expense (or as a charge to the Improvement Allowance) in order to measure the amount of electricity furnished to the Supplementary Units and Tenant shall make payment directly to the entity providing such be responsible for Landlord's actual cost of supplying electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount units as reasonably determined by Landlord to based upon such submeter, which amounts shall be Tenant's equitable share of the payable on a monthly charge for such electricity, basis as Additional Rent. Tenant shall cooperate with Landlord's efforts be solely responsible for maintenance and repair of the Supplementary Units and such units shall be considered to cause be a fixture within the Premises and shall remain upon the Premises upon the expiration or earlier termination of this Lease. Except as otherwise provided in this Lease, the electricity and other utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable furnished to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Premises shall be furnished five (5) days per weekincluded in Operating Costs. Tenant shall be responsible for retaining a bonded janitorial contractor, excepting local which contractor shall be reasonably approved by Landlord, and national holidaysTenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide janitorial service to the Premises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of any common systems of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsProject. Landlord shall not be liable for, and except as expressly provided in Section 11(f) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. In the event of interruption of services to the Premises, Landlord shall use commercially reasonable efforts to cause the services to be promptly restored. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, Project at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation ventilating and air conditioning system serving the Premises), ) shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished as part of Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all reasonable and non-discriminatory rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article Section 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to all other tenants and occupants of the Project for such utilities or services.
Appears in 1 contract
Samples: Office Lease (ASC Acquisition LLC)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local by Tenant a regular basis throughout the Term and national holidaysLandlord shall have no obligation to provide janitorial service to the Premises. Tenant shall comply with all reasonable rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and except as provided in Section 11(g) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Basic Services. Landlord agrees to furnish shall maintain and operate the Building in a manner consistent with the Comparable Buildings, and provide ingress and egress control services to the PremisesBuilding in a manner consistent with the Comparable Buildings, at a cost shall keep the Systems and Equipment and structure of the Building in good condition and repair consistent with the Comparable Buildings. Tenant shall have access to the Premises twenty four (24) hours per day, seven (7) days per week throughout the Lease Term and any Renewal Term; provided, however, the parties hereto understand and agree that during hours other than as specified in Section 9.1(a) hereof, (i) elevator service may be included in Operating Costslimited to Tenant's employees' activation of the elevators through the use of Tenant-issued elevator access cards; and (ii) Landlord may log and maintain computerized records of the points of entry of the Building. Subject to any law, rule or governmental order or regulation, and further subject to any event of Force Majeure or other circumstance beyond the reasonable control of Landlord, Landlord shall furnish the following services during the Lease Term:
(a) Air conditioning and heat, whichever be required, from 8:00 7 a.m. to 6:00 p.m. Mondays 6 p.m., Monday through Fridays Friday and 9:00 8 a.m. to 1:00 through 1 p.m. on SaturdaysSaturday, excepting local and national holidays, air conditioning and heat all excluding legal holidays in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting Premises and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is otherwise reasonably necessary for general office (including call center) use and in compliance with applicable codescodes and consistent with the level of services provided in the Comparable Buildings. To the extent reasonably determined by Landlord If Tenant desires to be practicable, all such electricity (including, without limitation, electricity in order to power the heatinguse heat, ventilation and or air conditioning system serving during hours other than those for which Landlord is obligated to supply such utilities pursuant to the Premisesterms of this Section 9.1(a) (the "After Hours HVAC"), Tenant shall give Landlord (i) not less than one (1) hour notice (which notice may be verbal to Landlord's property manager) prior to the end of normal business hours for the Building for additional HVAC on weekdays and (ii) not less than two (2) hours prior notice (which notice may be verbal to Landlord's property manager) at any time for additional HVAC on weekends or holidays and Landlord shall supply such After Hours HVAC service to Tenant at such hourly cost to Tenant (which shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, treated as Additional Rent. Tenant ) as Landlord shall cooperate with from time to time establish (the “After Hours HVAC Cost”); provided that (i) such After Hours HVAC Cost as of the date of this Lease is $50.00 per hour per floor, and (ii) such After Hours HVAC Cost shall only increase to the extent Landlord's efforts costs to cause provide such services actually increase. Notwithstanding the utilities for foregoing, Landlord hereby agrees that during the Project to comply with Landlord's sustainability practices and any LEED rating calendar months of May through September during the Lease Term the first ten (or other applicable certification standard10) applicable to hours of After Hours HVAC used by Tenant during the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Lease Term shall be furnished five free of charge (5the "After Hours HVAC Credit").
(b) days per week, excepting local Hot and national holidays. Tenant shall comply with all rules cold water for lavatory and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, general office purposes at the rate generally charged by Landlord to tenants points of supply in the Project for such utilities or services.Premises specified in the Approved Working Drawings (as defined in the Work
Appears in 1 contract
Samples: Office Lease (Copart Inc)
Basic Services. Landlord agrees shall furnish the following services, subject to furnish applicable laws and governmental restrictions and to the Premisesother provisions of this Lease.
(1) Cooled and heated air in season of all common areas within the Building, at a cost daily from 7:30 A.M. to be included in Operating Costs, 6:00 P.M. (Saturdays from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. A.M. to 1:00 p.m. on SaturdaysP.M.), excepting local Sundays and national holidaysholidays excepted. These utility costs are a part of the Building's operating expense as more fully described in 7.A.(1).
(2) Customary maintenance and repair of the exterior portion of the Building (including the roof), air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary parking area for the comfortable occupancy Building, the common areas of the Premises. In additionBuilding and, Landlord shall provide electric current subject to Tenant's obligations under subsections (1), (2) and (3) of Paragraph 3B below, the structural, mechanical, plumbing and electrical systems of the Building.
(3) Cold water for normal lighting drinking, lavatory and normal office machinestoilet purposes drawn through fixtures installed by Landlord, elevator service or by Tenant with Landlord's written consent, and hot water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in drawn from regular Building supply at the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codesprevailing temperatures. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined Landlord at rates fixed by Landlord for water furnished for any other purpose.
(4) Customary janitor service in and about the common areas within the Building, Monday through Friday; Saturdays, Sundays and holidays excepted. Attached to this Lease as Exhibit "B" are the current cleaning specifications for the Building, all of which Tenant hereby agrees shall be deemed to be Tenant's equitable share reasonable.
(5) Washing of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause windows in the utilities for common areas of the Project to comply with Landlord's sustainability practices Building and any LEED rating (or other applicable certification standard) applicable to washing of the Project. Such efforts may include, without limitation, exterior windows in the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Premises shall be furnished five periodically at such times as Landlord in its discretion shall determine.
(56) Lighting of common areas of the Building's West wing during the Building's normal hours will be as specified in subsection (1) of this Paragraph 3A. Lighting of common areas of the Building's East wing will remain on (24) twenty four hours per day, (7) seven days per week, excepting local and national holidays. Tenant Parking lot lighting of exterior parking lot at Building's East wing shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection have those light standards illuminated as required by time of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees year from 5:00 p.m. to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.9:00 a.m. C.
Appears in 1 contract
Samples: Lease Agreement (Security Associates International Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), ) shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Samples: Standard Office Lease (Entropic Communications Inc)
Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. pm. Mondays through Fridays and 9:00 8:00 a.m. to 1:00 p.m. noon on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide proved electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts be solely responsible for retaining a bonded janitorial company to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable provide janitorial service to the Project. Such efforts may include, without limitation, Premises on a regular basis as reasonably approved by Landlord and Landlord shall have no obligation to provide janitorial services to the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. The foregoing services will be provided so long as Tenant is not in default hereunder. The costs of any janitorial or other services provided by Landlord to Tenant which are in addition to the services ordinarily provided by Landlord shall be reimbursed by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. During Normal Business Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays Premises the heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Business Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically. The charges for after-hour services shall be paid by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing separate metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricityin advance, as Additional Rent. Rent (except to the extent the costs are billed directly to Tenant shall cooperate with through separate metering), the Landlord's efforts to cause ’s estimate of the utilities cost of furnishing electricity for the Project to comply with operation of such equipment or lights and Landlord's sustainability practices ’s estimate of the cost of operating and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the maintaining supplementary air conditioning units necessitated by Tenant’s use of energy efficient bulbs in task lightingsuch equipment or lights. Landlord may install and operate, energy efficient lighting controls and measures at Tenant’s cost, a monitoring/metering system to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysmeasure the added demands on electricity or HVAC systems. Tenant shall comply with all rules Landlord’s instruction for the use of drapes, blinds and regulations which thermostats. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may establish for restrict access to the proper functioning and protection of Building in accordance with the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsBuilding’s security system (with access via key or card key). Landlord shall not be liable forto Tenant for injury to its agents, employees, customers or invitees, or for losses due to theft or burglary, or for damages done by unauthorized persons. Landlord shall provide two card keys (if applicable) to the Building and two keys for the corridor door entering the Premises, and there additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be no rent abatement as a result ofallowed on any door of the Premises without Landlord’s written permission, and Tenant shall not make, or permit to be made, any stoppageduplicate keys, reduction or interruption except those furnished by Landlord. Upon termination of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Lease, Tenant agrees shall surrender to pay for Landlord all utilities keys and other services utilized by Tenant and any additional building services furnished card keys to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.
Appears in 1 contract
Samples: Office Lease (Activecare, Inc.)
Basic Services. Provided Tenant is not in default of its obligations under this Lease beyond any applicable cure period, Landlord agrees to furnish for the Premises the following services, consistent with the standards of a modern first-class office building, and subject to the reimbursement provisions of Section 4.3:
(a) Heating, ventilation and air conditioning (as required by the season), at such temperatures and in such amounts as provided to similarly situated modern first class office buildings in Madison, Wisconsin and as may be reasonably required for comfortable use and occupancy under normal business operations. Whenever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, as determined by Landlord, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the costs therefor, including the cost of installation, operation and maintenance thereof, will be paid by Tenant to Landlord upon thirty (30) days after written demand therefor. Tenant’s Premises shall contain an after hours HVAC override switch as part of Landlord’s Work that will enable Tenant to heat and cool its Premises after standard business hours.
(b) Electric current in reasonably sufficient amounts for normal business use, including operation of building standard lighting and general office machines of a type that are typically used in modern, first class offices, such as personal computers, facsimile machines, copiers, scanners, telephone system equipment, and the like as measured at a cost the time of execution of this Lease (“Building Standard for Electric”). Landlord will not be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of the electric service changes for causes outside of Landlord’s control.
(c) Janitorial cleaning service and refuse removal will be furnished after normal business hours on Monday through Friday (exclusive of legal holidays). The level of janitor service will not include carpet shampooing, drapery cleaning, or cleaning, maintenance, or supplies for food facilities, special equipment areas, or locker rooms located within the Premises. If Tenant requests such services to be included provided to the Premises on Saturdays, Sundays, legal holidays, or times other than as specified, or if Tenant requires a level of services in Operating Costsexcess of those to be provided by Landlord in accordance with this Section 6.1, from 8:00 Tenant will pay Landlord as Additional Rent the cost of those additional services based upon actual costs incurred by Landlord in providing such services.
(d) Window washing of all exterior windows at intervals determined solely by Landlord.
(e) Men’s and women’s restrooms situated on the floor on which the Premises are located together with hot and cold or tempered water for use in said restrooms.
(f) Cold and hot water for any restroom or lunchroom facilities installed in the Premises by Tenant.
(g) One refrigerated drinking fountain on the floor on which the Premises are located.
(h) Passenger elevator service in common with others.
(i) An elevator equipped for freight usage subject to scheduling by Landlord (provided, however, Landlord will allow use of the such elevator during Tenant’s move-in and move-out at times reasonably requested by Tenant).
(j) A clean, street-level lobby, entrance way, elevator lobby, public corridor, and other public portions of the Building for use in common with others.
(k) Building directory located in close proximity to the primary entrance of the Building listing Tenant’s name and suite number and Building-standard signage at the entry to Tenant’s Premises at no extra charge to Tenant.
(l) Relamping and maintaining building standard fluorescent lighting fixtures installed in the Premises. Unless otherwise provided above, all services shall be furnished between the hours of 7:00 a.m. to and 6:00 p.m. Mondays through Fridays on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national with the exception of legal holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.
Appears in 1 contract
Samples: Lease Agreement (Sonic Foundry Inc)
Basic Services. Tenant acknowledges that this Lease is a net lease, it being understood that Landlord shall receive the Base Rent specified in the Basic Lease Information sheet free and clear of any and all expenses, costs, impositions, taxes, assessments, liens or charges of any nature whatsoever, which shall be payable by Tenant unless otherwise set forth in this Lease. Accordingly, Tenant shall be solely responsible for and promptly pay the appropriate utility company directly for all water, gas, HVAC, light, power, telephone, and other utilities and services supplied to the Leased Premises for which there is a separate meter or submeter to the Leased Premises [if separate metering is available, Tenant shall pay for such separate metering] and Tenant shall pay Landlord for Tenant’s share, as reasonably determined by Landlord, of all utilities and services furnished to the Leased Premises for which there is no separate meter or submeter, within thirty (30) days after billing by Landlord [the foregoing utility and service expenses for the Leased Premises shall be paid by Tenant separately and shall not be part of Tenant’s Proportionate Share of Basic Operating Costs]). With respect to janitorial, Tenant shall employ its own bonded and reputable janitorial service, subject to Landlord’s reasonable prior written approval, to clean the Leased Premises on all business days (including, without limitation, cleaning and providing supplies for the restrooms and break rooms), at Tenant’s sole cost and expense; and with respect to refuse collection, Tenant shall employ its own reputable refuse collection service, subject to Landlord’s reasonable prior written approval, to collect refuse from the Leased Premises on all business days, at Tenant’s sole cost and expense (the foregoing janitorial expenses and refuse collection for the Leased Premises shall be paid by Tenant separately and shall not be part of Tenant’s Proportionate Share of Basic Operating Costs). Tenant shall also be responsible for fire/life safety monitoring of the Building and the applicable fees and costs; notwithstanding the foregoing, Xxxxxx has requested that Landlord undertake the foregoing on behalf of Tenant and Tenant shall pay Landlord for the actual costs related to the fire/life safety monitoring of the Building and the applicable fees and costs within ten (10) days after billing by Landlord. Subject to inclusion in Basic Operating Costs, Landlord agrees to furnish to Tenant only with the following services: maintenance, repair and replacement of all Building systems (including without limitation, fire/life safety systems, mechanical, electrical, and plumbing systems), structural portions of the Building, including the structural walls, exterior walls, foundation and roof of the Building (not including the Roof Deck Premises), at a cost to be included in Operating Costsexterior window cleaning, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays landscaping, parking lot lighting, and 9:00 a.m. to 1:00 p.m. on Saturdayssidewalk and parking lot cleaning and sweeping, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as of the foregoing in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting manner and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To to the extent reasonably determined by Landlord to be practicable, all such electricity consistent with those standards of Comparable Buildings (including, without limitation, electricity as defined below). Notwithstanding anything in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly this Lease to the entity providing such electricity to the Premises if such separate meters are installed. Ifcontrary, howeverTenant’s use of electrical service shall not exceed, separate meters are not installed and the Premises are submetered either in voltage, rated capacity, or are jointly meteredoverall load, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable its pro-rata share of the monthly charge for such electricity, Building capacity. Except as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (specifically set forth in this Lease or other applicable certification standard) applicable to the Project. Such efforts may includeextent caused by any negligence, without limitationwillful misconduct or breach of this Lease by Landlord, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable forfor damages to either person or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed under this Lease by reason of any (i) deficiency in the provision of basic services; (ii) breakdown of equipment or machinery utilized in supplying services; or (iii) curtailment or cessation of services due to causes or circumstances beyond the reasonable control of Landlord or by the making of the necessary repairs or improvements. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Project to provide restoration of services and, where the cessation or interruption of service has occurred due to circumstances or conditions beyond Project boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. Notwithstanding the foregoing or anything in this Lease to the contrary, if any such deficiency, breakdown, or curtailment described above is within the reasonable control of Landlord to correct and continues for five (5) or more consecutive business days after Landlord becomes aware thereof, whether by Xxxxxx’s written notice to Landlord thereof or otherwise, and there shall be no rent abatement Xxxxxx is unable to reasonably conduct and does not conduct any business in a material portion of the Leased Premises as a result ofthereof including interference to Tenant’s business, then Tenant shall be entitled to an abatement of Base Rent, which abatement shall commence as of the first day after the expiration of such five (5) business day period and terminate upon the cessation of such deficiency, breakdown, curtailment or interference and which abatement shall be based on the portion of the Leased Premises rendered unusable for Tenant’s business by such deficiency, breakdown, curtailment or interference. The rental abatement rights set forth above shall be inapplicable to any stoppageinterruption, reduction failure or interruption of any such services inability described in this grammatical paragraph that is caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs (i) damage from fire or other cause. Except as specifically provided in this Article 11casualty (it being acknowledged that such situation shall be governed by Section 7.7 below), or (ii) to any deficiency, breakdown, or curtailment caused by the negligence or willful misconduct of Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Projector its agents, at the rate generally charged by Landlord to tenants of the Project for such utilities employees or servicescontractors.
Appears in 1 contract